R-9688
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City Council Meeting 7-24-01
Santa Monica, California
RESOLUTION NUMBER9688 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
GRANTING A TEMPORARY UTILITY USERS TAX REBATE TO OFFSET
EXTRAORDINARY INCREASES IN ELECTRICITY AND GAS UTILITY COSTS
WHEREAS, the State of California is experiencing an energy crisis resulting in
increased electricity and gas costs which affect the residents and businesses of the City
of Santa Monica; and
WHEREAS, on May 22,2001, the City Council adopted Ordinance Number 2010
(CCS), adding Section 6.72.180 "Temporary Utility User Rebates Due to Extraordinary
Increases in Utility Costs" to the Santa Monica Municipal Code; and
WHEREAS, Section 6.72.180 of the Santa Monica Municipal Code authorizes the
City Council to grant a temporary utility users tax rebate to any class of service user in the
manner and upon terms and conditions as the City Council determines to be appropriate
for the purpose of assisting service users to offset extraordinary costs associated with
unusual price increases in utility service charges; and
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WHEREAS, the City Council has considered the factors required by Section
6. 72.180(b) in determining whether to grant a utility user tax rebate thereunder and finds
that a rebate is appropriate.
NOW, THEREFORE, THE CITY COUNCIL DOES RESOLVES AS FOLLOWS:
SECTION 1. The City Council hereby finds that a temporary rebate of Utility Users'
Taxes ("UUT") as described below, is appropriate due to the following reasons:
(a) A temporary UUT tax rebate is necessary to abate a significantly
increased tax burden on resident and business users;
(b) The temporary tax rebate will not adversely affect the City's
ability to meet its financial obligations as contemplated in its current and
projected budgets;
(c) Extraordinary circumstances have created an electricity and gas
utility crisis within the City of Santa Monica; and
(d) The electricity and gas utility crisis has created a volatile condition
that requires periodic reassessment by the City Council.
SECTION 2. The City Council hereby grants a temporary rebate of UUT in an
amount not to exceed One Million Four Hundred Thousand Dollars ($1,400,000) (the
"Rebate") to all residential and business users ("Customers") in the City of Santa Monica
for Fiscal Year 2001-2002 (the "Rebate Period").
SECTION 3. The Tax Administrator shall implement the Rebate. A uniform factor
for electricity service and a uniform factor for gas service shall be applied to all Customers
in the City of Santa Monica for purposes of administering the Rebate. The Tax
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Administrator may issue rules and regulations for implementation ofthe Rebate as provided
in Santa Monica Municipal Code Section 6.72.120.
SECTION 4. During the Rebate Period, the Tax Administrator is granted the
authority to administratively adjust the Rebate to reflect actual City receipts from UUT. The
Tax Administrator shall provide written notice of the Rebate to all affected service suppliers
as may be required by the Public Utility Commission and by Public Utilities Code Section
799.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution. and
thenceforth and thereafter the same shall be in full force and effect
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Adopted and approved this 24th of July, 2001.
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Michael Feinstein, Mayor
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby
certify that the foregoing Resolution No. 9688 (CCS) was duly adopted at a
meeting of the Santa Monica City Council held on the 24th of July, 2001, by the
following vote:
Ayes: Council members:
O'Connor, McKeown, Genser, Mayor Pro
Tem Bloom, Mayor Feinstein
Noes: Council members:
None
Abstain: Council members:
None
Absent: Council members:
Holbrook, Katz
ATTEST:
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Maria Stewart, City qerk
A
CalPERS
EXHIBIT
California
Public Employees' Retirement System
...
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Santa Monica
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The Board of Administration, California Public Employees' Retirement System, hereinafter
referred to as Board, and the governing body of the above public agency, hereinafter referred
to as Public Agency, having entered into a contract effective July 1, 1944, and witnessed
April 5,1944, and as amended effective March 1,1950, September 1,1951, June 1,1954,
November 1, 1960, February 1, 1962, September 12, 1965, November 1, 1969, November
25,1973, January 20,1974, March 3,1974, June 28,1981, May 13,1984, January 1,1992,
April 25, 1993, January 12, 1996, January 15, 1999, November 13, 1999, November 19,
2000 and April 28, 2001 which provides for participation of Public Agency in said System,
Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective
April 28, 2001, and hereby replaced by the following paragraphs numbered 1 through
13 inclusive:
1. All words and terms used herein which are defined in the Public Employees'
Retirement Law shall have the meaning as defined therein unless otherwise
specifically provided. "Normal retirement age" shall mean age 55 for local
miscellaneous members; age 50 for local fire members; and age 55 for local
police members and ocean beach lifeguards.
2. Public Agency shall participate in the Public Employees' Retirement System
from and after July 1, 1944 making its employees as hereinafter provided,
members of said System subject to all provisions of the Public Employees'
Retirement Law except such as apply only on election of a contracting agency
and are not provided for herein and to all amendments to said Law hereafter
enacted except those, which by express provisions thereof, apply only on the
election of a contracting agency.
PLEASE 00 NOT SIGN IIEXHIBIT ONLY.
3. Employees of Public Agency in the following classes shall become members of
said Retirement System except such in each such class as are excluded by law
or this agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
c. Ocean Beach Lifeguards (included as local safety members);
d. Employees other than local safety members (herein referred to as local
miscellaneous members).
4. In addition to the classes of employees excluded from membership by said
Retirement Law, the following classes of employees shall not become members
of said Retirement System:
NO ADDITIONAL EXCLUSIONS
5. The percentage of final compensation to be provided for each year of credited
prior and current service as a local miscellaneous member shall be determined
in accordance with Section 21354 of said Retirement Law (2% at age 55 Full).
6. The percentage of final compensation to be provided for each year of credited
prior and current service as an ocean beach lifeguard shall be determined in
accordance with Section 21366 of said Retirement Law (One-half pay at age 55
Full).
7. The percentage of final compensation to be provided for each year of credited
prior and current service as a local fire member shall be determined in
accordance with Section 21362 of said Retirement Law (2% at age 50 Full).
8. The percentage of final compensation to be provided for each year of credited
prior and current service as a local police member shall be determined in
accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full).
The required member contribution rate is 9% of reportable compensation.
9. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 20421 ("Local Safety Member" shall include ocean beach
lifeguards of a city as described in Government Code Section 20421).
b. Section 21571 (Basic Level of 1959 Survivor Benefits) for ocean beach
lifeguards.
c. Section 21222.1 (One-Time 5% Increase - 1970). Legislation repealed
said Section effective January 1, 1980.
PLEASE DO NOT SIGN "EXHIBIT ONLY"
d. Sections 21624 and 21626 (Post-Retirement Survivor Allowance) for
local police members and local fire members only.
e. Section 20042 (One-Year Final Compensation) for local police members,
local fire members, and local miscellaneous members only.
f. Section 21024 (Military Service Credit as Public Service). Statutes of
1976.
g. Section 20903 (Two Years Additional Service Credit).
h. Section 21573 (Third Level of 1959 Survivor Benefits) for local
miscellaneous members and local fire members only.
i. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local police
members only.
10. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
11. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21573 of said Retirement Law.
(Subject to annual change.) In addition, all assets and liabilities of Public
Agency and its employees shall be pooled in a single account, based on
term insurance rates, for survivors of all local miscellaneous members
and local fire members.
b. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 of said Retirement Law.
(Subject to annual change.) In addition, all assets and liabilities of Public
Agency and its employees shall be pooled in a single account, based on
term insurance rates, for survivors of all local police members.
c. A reasonable amount, as fixed by the Board, payable in one installment
within 60 days of date of contract to cover the costs of administering said
System as it affects the employees of Public Agency, not including the
costs of special valuations or of the periodic investigation and valuations
required by law.
d. A reasonable amount, as fixed by the Board, payable in one installment
as the occasions arise, to cover the costs of special valuations on
account of employees of Public Agency, and costs of the periodic
investigation and valuations required by law.
12, Contributions required of Public Agency and its employees shall be subject to
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Retirement Law, and on account of the experience under the Retirement
System as determined by the periodic investigation and valuation required by
said Retirement Law.
13. Contributions required of Public Agency and its employees shall be paid by
Public Agency to the Retirement System within fifteen days after the end of the
period to which said contributions refer or as may be prescribed by Board
regulation. If more or less than the correct amount of contributions is paid for
any period, proper adjustment shall be made in connection with subsequent
remittances. Adjustments on account of errors in contributions required of any
employee may be made by direct payments between the employee and the
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PUBLIC EMPLOYEES' RETIRE~T SYSTEM CITY OF SANTA MONICA ~
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BY ~~ BY _-v'
KENNETH W. MARZ=ION IEF PRESIDING OFFICER &
ACTUARIAL & EMPLO SERVICES DIVISION ~rPUBLIC EMPLOYEE TIREMENT SYSTEM ~
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~ Witness Date <:<.., <:::s
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<<.,'v Attest: <<..,,~
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B.
Clerk
AMENDMENT
PERS-CON-702A (Rev, 8\96)